Mr. Donald Feaster, Executive Director
Southwest Florida Water Management District
Brooksville, Florida
Dear Don:
After receiving Norm Stoker's memorandum to you, dated March
9, 1977, concerning purchasing from Williams Upholstery in
Brooksville, I checked the Opinions of the State of Florida
Commission on Ethics, and found that Opinion No. 76-126 states
the following conclusion:
** The Code, however, does not prohibit a public
officer's spouse from being employed by a business
entity doing business with that public officer's
agency. Accordingly, no conflict of interest exists
where the wife of a school system employee is em-
ployed by an insurance company that is doing business
with the School Board."
Based upon this Opinion, as well as other Opinions issued by
the Ethics Commission, I feel that Board Policy No. 221-002
does not automatically prohibit the District from purchasing
something from an organization in which an employee's spouse
is employed. However, I feel that Norm's comment in his last
paragraph, as they relate to this Policy, are certainly in
order and reasonable.

Periodically we have a requirement to have furniture and vehicle
upholstering work done. In obtaining estimates we have found
that Williams Upholstery in Brooksville normally gives us the best
price and when they do so, we use them.
Williams Upholstery is a small business owned and operated by a
relative (husband) of Pat Williams one of our employees. However,
she has nothing whatsoever to do with determining what upholstery
work should be done or in accomplishing supporting paperwork
for.the same.
Board Policy 221-002 states: "K. Purchases from District
employees and Governing and Basin Board members are prohibited."
There is no stated restriction on purchasing goods and services
from relatives and I have given our Purchasing agent authority to
do so as long as our procedures dealing with bids,quotations and
the best possible price are followed. However, I have also
advised purchasing that no purchases will be made from relatives
of employees if such employee is in position, direct or otherwise,
to exert an influence on the need for,or specification of ,he items
or,'services being purchased. Further, no purchases can be made
from relatives of any one employed in or exercising supervision
over the Purchasing Section.
NPS:dr
i,/ o-77